VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01698
Package ID: USCOURTS-cofc-1_18-vv-01698
Petitioner: Jodi Clesen
Filed: 2018-11-01
Decided: 2020-07-16
Vaccine: influenza
Vaccination date: 2018-11-01
Condition: Parsonage-Turner Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Jodi Clesen filed a petition for vaccine compensation on November 1, 2018, alleging that an influenza vaccine administered on November 1, 2018, caused her to develop Parsonage-Turner Syndrome. The respondent was the Secretary of Health and Human Services. Petitioner counsel was Daryl Laatsch, Esq., and respondent counsel was Debra Begley, Esq. The Special Master was Mindy Michaels Roth. To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate either a "Table Injury" listed on the Vaccine Injury Table or that the injury was actually caused by a vaccine. The record in this case did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence that the alleged Parsonage-Turner Syndrome was vaccine-caused or vaccine-related. The Act requires claims to be supported by medical records or the opinion of a competent physician. The petitioner did not provide sufficient medical records, nor did she offer a supporting medical opinion. Consequently, Special Master Mindy Michaels Roth determined that the petitioner failed to demonstrate entitlement to an award. The case was dismissed for insufficient proof, and judgment was entered accordingly on July 16, 2020.

Theory of causation field:
Petitioner Jodi Clesen alleged that an influenza vaccine administered on November 1, 2018, caused her to develop Parsonage-Turner Syndrome. The public decision does not specify the petitioner's age at vaccination or provide details regarding the onset of symptoms, medical records, diagnostic tests, or treatments. The Special Master, Mindy Michaels Roth, found that the petitioner failed to establish entitlement because the record did not contain evidence of a "Table Injury" or persuasive evidence that the alleged injury was vaccine-caused. The petition was not supported by sufficient medical records or a competent physician's opinion. The case was dismissed for insufficient proof on July 16, 2020. Petitioner's counsel was Daryl Laatsch, Esq., and respondent's counsel was Debra Begley, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01698-0
Date issued/filed: 2020-07-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/15/2020) regarding 29 Dismissal DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (arm) Service on parties made.
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Case 1:18-vv-01698-UNJ Document 30 Filed 07/16/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1698V
Filed: June 15, 2020
* * * * * * * * * * * * * *
JODI CLESEN, *
* Dismissal; Influenza (“Flu”)
Petitioner, * Vaccine; Parsonage-Turner
* Syndrome.
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Daryl Laatsch, Esq., Daryl W. Laatsch, S.C., West Bend, WI, for petitioner.
Debra Begley, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On November 1, 2018, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 alleging that an influenza (“flu”) vaccine
caused her to develop Parsonage-Turner Syndrome. The information in the record, however, does
not show entitlement to an award under the Program. On June 12, 2020, petitioner filed a Motion
for Dismissal Decision requesting that her case be dismissed. ECF No. 28.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the
Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:18-vv-01698-UNJ Document 30 Filed 07/16/20 Page 2 of 2
To receive compensation under the Program, petitioner must prove either 1) that she
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that she suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that
petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence
indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the petitioner’s
claims alone. Rather, the petition must be supported by either medical records or by the opinion
of a competent physician. § 13(a)(1). In this case, because there are insufficient medical records
supporting petitioner’s claim, a medical opinion must be offered in support. Petitioner, however,
has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate
either that he suffered a “Table Injury” or that his injuries were “actually caused” by a vaccination.
Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2